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Boss changing pay schedule - illegal?

 
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mdsb87



Joined: 16 Aug 2010
Location: Gyeongsangnam do

PostPosted: Tue Jul 12, 2011 6:13 pm    Post subject: Boss changing pay schedule - illegal? Reply with quote

Hi,

To date I have been paid on the 15th of the month. So the first month I was paid from the 1st - 15th and every other month from the 15th to the 15th.

Now my boss wants to change this. This month he wants to pay on the 15th for work done from the 15th June to the 30th June i.e. pay half what I have earned. Then next pay day (15 Aug) he will pay for 1st July to the 31st July.

So he is essentially withholding a half month worth of pay until the contract ends.

Is this allowed? Are there any laws about with holding for 5 months? Or do I have to just let it be and hope to get the money back at the end of the contract?

Thanks.
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Gorf



Joined: 25 Jun 2011

PostPosted: Tue Jul 12, 2011 6:42 pm    Post subject: Reply with quote

Labor board, labor board, labor board. No, it's not okay. Tell him you're going to get them involved if he pulls this, and if he still does, well, get them involved.

Either way, that's a sign that the company may be hemorrhaging money and you might want to start looking for a new job or getting your affairs in order. Be prepared for things to turn on a dime.
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mdsb87



Joined: 16 Aug 2010
Location: Gyeongsangnam do

PostPosted: Tue Jul 12, 2011 6:58 pm    Post subject: Reply with quote

Ya it's a fact that the business is short on cash at the moment. He's had to fly in 3 new teachers in the past 2 months and has to fly in another in the next few weeks.

He's saying the tax office recommended this change. . . pure lies.

My main concern is that this month I have my holidays (on a date he chose) and won't be able to afford it without getting a loan from my mother.

What a *beep* though!
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mdsb87



Joined: 16 Aug 2010
Location: Gyeongsangnam do

PostPosted: Tue Jul 12, 2011 7:03 pm    Post subject: Reply with quote

Also what are the documents required to get a new job once in country. I have apostilled photo copies of my degree scroll in English. I also have old criminal background checks apostilled but they would be almost 9 months old. Any good?
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Gorf



Joined: 25 Jun 2011

PostPosted: Tue Jul 12, 2011 7:20 pm    Post subject: Reply with quote

So hunker down and stay in Korea. Sorry, but that's the way it's gotta go.

As for the docs, if you've been there over 6 months and worse comes to worst, you should be able to get a letter of release and you'll be okay, but I'm not an expert on visa renewal, hopefully ttompatz will see this thread, he usually knows the current visa laws.

Background check docs are only a problem if you do a runner, I think, since you would leave without notice or getting a letter of release.

The smart thing to do now would be to research visa transfers and visa renewal laws with regards to you current situation.
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mdsb87



Joined: 16 Aug 2010
Location: Gyeongsangnam do

PostPosted: Tue Jul 12, 2011 7:23 pm    Post subject: Reply with quote

I've already shelled out for flights which can't be cancelled so I will be going on hols even if I have to pay back money later.

Ya hopefully Ttompatz can put his oar in!

Thanks.
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marsavalanche



Joined: 27 Aug 2010
Location: where pretty lies perish

PostPosted: Tue Jul 12, 2011 7:29 pm    Post subject: Reply with quote

mdsb87 wrote:
Also what are the documents required to get a new job once in country. I have apostilled photo copies of my degree scroll in English. I also have old criminal background checks apostilled but they would be almost 9 months old. Any good?


No. They expired 3 months ago.

Go to a "gu" police station and apply for your new CBC NOW.
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mdsb87



Joined: 16 Aug 2010
Location: Gyeongsangnam do

PostPosted: Tue Jul 12, 2011 7:34 pm    Post subject: Reply with quote

So I must get a Korean criminal check and that is all will I have to get one from my home country also or is it assumed that it's clean because I have gotten in on an E2 already ?
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Ramen



Joined: 15 Apr 2008

PostPosted: Tue Jul 12, 2011 7:52 pm    Post subject: Reply with quote

what do you think, op?

if it's ok with you, fine. if not, fight it like a champ. Razz
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koreatimes



Joined: 07 Jun 2011

PostPosted: Tue Jul 12, 2011 10:27 pm    Post subject: Reply with quote

Quote:
So he is essentially withholding a half month worth of pay until the contract ends.


I would work with it. I am not saying it is 100% ok, but many schools take out a security deposit (like GEPIK with 900,000). What he is doing is rolling your pay, so it's like being repaid a security deposit.

Since there are other teachers, he is essentially able to keep a full salary for every 2 teachers. If this money is used to pay for the business, then it seems like a wise choice on his part to keep the school alive.

Earlier I replied to a similar post and I was set against it. The reason was not clear why the school wanted to do this. They simply offered to pay "something" with a promise to pay later. In this case, the school has given you a schedule. If you like working there, I would work with that schedule. Save up your money, don't spend it. Yea, that means DON'T SPEND it.

After you don't owe people money, decide if you still want to stay. If you want a new school, I think you will need new documents (not Korean, but from your home country). Sometimes I use unpaid work hours and get a letter of release instead. In that case, it's easier to get a new school.
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nathanrutledge



Joined: 01 May 2008
Location: Marakesh

PostPosted: Wed Jul 13, 2011 7:15 pm    Post subject: Reply with quote

wow, lots of reactionary thoughts here...

GEPIK used to pay on the 25th of the month and a few years back they switched to the 17th. Nothing wrong with changing the pay periods.

I WOULD however suggest to your boss that he pays you for the two weeks at the beginning of the month, and THEN pay at the end of the month - having a boss hold onto pay for 6 weeks doesn't seem like a good idea.

Also, what does your contract say? When GEPIK switched, my school gave me a new contract with the amended section. I'd bring this up with the boss - "the contract says X, so you need to do X, or we need a new contract."

But don't get all bent out of shape until you know whats going on. It's very likely that it's a tax/accounting thing and if you go off on your boss in a huff, what's that going to accomplish? Be cool and calm about it, but be direct and get it straightened out.
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koreatimes



Joined: 07 Jun 2011

PostPosted: Wed Jul 13, 2011 7:58 pm    Post subject: Reply with quote

Quote:
having a boss hold onto pay for 6 weeks doesn't seem like a good idea.


I don't see where there are 6 weeks.

1st month

Week 1: work
Week 2: work
Week 3: work
Week 4: work, get paid on Friday for weeks 1 and 2

2nd month

Week 1 (1st): work
Week 2 (8th): work, get paid on Friday for 1st month weeks 3 and 4
Week 3 (15th): work
Week 4 (21st): work, get paid on Friday for 2nt month weeks 1 and 2

The school is holding 1 month (4 weeks) and 1 day. I'll explain later the extra day.

Quote:
This month he wants to pay on the 15th for work done from the 15th June to the 30th June i.e. pay half what I have earned.


This is similar to the weeks I underlined. June is the first month, July is the second month.

Technically, if you want to get strict with the dates it should be the 14th (following the formula above). However, it's not worth fighting over and I don't see it as 6 weeks.

Hagwons often hold pay though promising to pay later. My understanding is that the labor board wouldn't take action until they gave the hagwon time to pay up. This could take 1 month. If the school is setting a schedule to pay every 2 weeks holding 1 month's salary I think this is better than 8 weeks if they don't pay one month and then pay at the end of the 2nd month.

I feel anything to get them paying me on a regular basis is better than a monthly plan where they can just say, "Oops, no money this month. See you in on the 8th week and I "promise" to pay you for 2 months."
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Wed Jul 13, 2011 9:13 pm    Post subject: Reply with quote

Was to be posted last night but here it is now!

I do not think it is illegal to change the pay date. He has given you enough warning of future changes. But unless he does not pay at the end then he will likely be held accountable.

Here is the question you need to ask - do you want to keep you job? You work with him you will keep your job. But if you are difficult and make his life difficult, you will likely be let go with a flimsy excuse. And no you will likely not get your severance, plane ticket, or even a letter of release. You will be simply be put out, without a job. You will likely not be able to walk to a new job. Now that is fine if you have your paperwork and enough money to make a visa trip. But if you have do not have your paperwork ready you will be even more screwed then having to wait for your pay. Are you willing to pay for your ticket back home? Do you have enough money to last you till you get your paperwork. Paperwork can takes months to get ready. Then you also have to find a job - getting a ok job can take a few more weeks. You said no to having enough money.

Now I am not saying you should let your boss walk all over you. Get it set down and if possible in writing about the changes and when you will get paid. Make it understood that you will give some leeway but only so much. Negotiate - you might have to give up some stuff to get more stuff in the future. The more stubborn you are the more likely things will go bad for you. You might even consider having a pre-signed letter of release in the case that he can not pay you can walk free and clear.

Still you are in a slight lose and lose badly situation. Some more advice is work with your boss, and start preparing your paperwork for the future. Because if he is having financial difficulty - school might not last much longer.
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SeoulNate



Joined: 04 Jun 2010
Location: Hyehwa

PostPosted: Wed Jul 13, 2011 9:54 pm    Post subject: Reply with quote

nathanrutledge wrote:
wow, lots of reactionary thoughts here...

GEPIK used to pay on the 25th of the month and a few years back they switched to the 17th. Nothing wrong with changing the pay periods.

I WOULD however suggest to your boss that he pays you for the two weeks at the beginning of the month, and THEN pay at the end of the month - having a boss hold onto pay for 6 weeks doesn't seem like a good idea.

Also, what does your contract say? When GEPIK switched, my school gave me a new contract with the amended section. I'd bring this up with the boss - "the contract says X, so you need to do X, or we need a new contract."

But don't get all bent out of shape until you know whats going on. It's very likely that it's a tax/accounting thing and if you go off on your boss in a huff, what's that going to accomplish? Be cool and calm about it, but be direct and get it straightened out.


+1

it is not illegal for him to change the pay date as long as you get written notice.

But, as the last two or three posters have written, you have to get him to change the contract with both of you signing it.

This is not an issue for the labor board. Just get your contract amended so you dont run into problems down the line.
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